Posted on 05/30/2013 4:06:22 AM PDT by IbJensen
“Sarah Palin treatment”
Pales in comparison to what they gave Robert Bork or Clarence Thomas. Remember those guys?
LLS
Born in Canada, to a US citizen mother. His dad came from Cuba (which sort of explains how Ted got so anti-leftist, doesn't it?) and IIRC naturalized as a US citizen after Ted was born.
I've gotta start paying more attention to what's happening on the political scene, scenery that I have deliberately tried to ignore in order to keep my mental and emotional health intact ever since Obummer was elected the 2nd time.
Get whatever rest you need in order to be a functioning warrior. 2014 Congressional elections are coming, and 2016 will be here sooner than you think.
I do indeed.
They will do their best to take down any strong conservative.
We need another Reagan who can take them on.
I agree with you. I believe Marco Rubio (besides being incompetent) is ineligible and so is Cruz. But since it appaears we are doing away with the Natural born citizen rule then they should both be allowed to run for president in 2016. At this point I’m more worried about restoration of the republic than NBC requirements. I wish we could let Nigel Farage run. :-)
Jeff - what you’re saying is:
Born to American father and foreign national mother in a foreign country = natural born American citizen (not a dual citizen or citizen by statute)
Born to American father and foreign national mother in a foreign country on US Military base = natural born American citizen (not a dual citizen or citizen by statute)
Born to American father and foreign national mother in a foreign country in a US Embassy or consulate = natural born American citizen (not a dual citizen or citizen by statute)
Born to American mother and foreign national father in a foreign country = natural born American citizen (not a dual citizen or citizen by statute)
Born to American mother and foreign national father in a foreign country on Military base = natural born American citizen (not a dual citizen or citizen by statute)
Born to American mother and foreign national father in a foreign country in a US Embassy or consulate = natural born American citizen (not a dual citizen or citizen by statute)
Born to American father and American mother in a foreign country = natural born American citizen (not a dual citizen or citizen by statute)
Born to American father and American mother in a foreign country on Military base = natural born American citizen (not a dual citizen or citizen by statute)
Born to American father and American mother in a foreign country in a US Embassy or consulate = natural born American citizen (not a dual citizen or citizen by statute)
Born to resident alien foreign national father and American mother in America = natural born American citizen but not a citizen of father’s country (i.e. not a dual citizen)
Born to resident alien foreign national mother and American father in America = natural born American citizen but not a citizen of mother’s country (i.e. not a dual citizen)
Born to resident alien foreign national father and resident alien foreign national mother in America = natural born American citizen but not a citizen of father’s and mother’s country(ies) (as they may be from different foreign countries) (i.e. not a foreign citizen, dual citizen or triple citizen)
Born to illegal alien foreign national father and American mother in America = natural born American citizen but not a citizen of father’s country (i.e. not a dual citizen)
Born to illegal alien foreign national mother and American father in America = natural born American citizen but not a citizen of mother’s country (i.e. not a dual citizen)
Born to illegal alien foreign national father and illegal alien foreign national mother in America = natural born American citizen but not a citizen of father’s and mother’s country(ies) (as they may be from different foreign countries) (i.e. not a foreign citizen (not subject to American jurisdiction) or dual citizen or triple citizen)
Natural born citizen = born citizen = naturalized citizen = dual citizen = triple citizen?
and it’s just not so. The founders would have to have been morons to believe that “natural” born Citizen meant the above - and they weren’t morons.
Their whole purpose, per John Jay, in putting the term “natural” born in the Constitution was to keep foreign influence out of the Presidency and the Commander-in-Chief. You can’t keep foreign influence out if the United States President and Commander-in-Chief is also the citizen of another country.
The Problem is that in order to restore the Republic, we must restore the Constitution and it’s time honored an proven reliable tenets.
We cannot do that, and allow people to run for the Presidency who are not NBC. In all honesty we should investigate and impeach the fraud now occupying the White House and we should jail Pelosi for certifying him, but we know that is not going to happen. Half of the population of this country are either accepting benefits or using benefits to stay in office. I am not sure we can be saved at this point. certainly not by the Republicans who are half in the bag for Democrats.
James Madison, House of Representatives (1789):
"It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other. Mr. Smith founds his claim upon his birthright; his ancestors were among the first settlers of that colony."
Madison, the Father of the Constitution, mentions both jus soli (the law of the soil, or place of birth) and jus sanguinis (the law of blood, or parentage) here. But notice the emphasis: "In general place is the most certain criterion; it is what applies in the United States."
FACT: Ted Cruz was born in Calgary, Alberta, Canada. "Place is the most certain criterion"
The First Congress (1790):
"And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens."
Our very first Congress specified that the overseas-born children of US citizens "shall be considered as natural born Citizens."
This Congress included James Madison, the "Father of the Constitution." These men were well aware of the Presidential eligibility clause, and they clarified that those born overseas to US citizens were eligible to the Presidency. It was obviously quite well known that "natural born citizen" made one eligible to be President, and that is the only place the phrase had been used in national law. So it's clear that the First Congress and President were saying that children who would be born overseas to US citizen parents were eligible to the Presidency.
This makes it absolutely clear: The idea that eligibility requires BOTH birth on US soil AND citizen parents is FALSE.
In this instance, our early leaders specified that citizen parents ALONE was quite enough.
And between the House of Representatives, the Senate, and the Presidency, 16 signers of the Constitution - a full 40% of those who signed the Constitution - were members of the group who approved this Act.
They included: James Madison, Abraham Baldwin, Daniel Carroll, George Clymer, Thomas Fitzsimons, and Nicholas Gilman (US House of Representatives), William Samuel Johnson, Richard Bassett, George Read, William Few, John Langdon, William Paterson, Rufus King, Robert Morris and Pierce Butler (US Senate), and President George Washington.
James Bayard, A Brief Exposition of the Constitution of the United States (1834) - with approval from US Supreme Court Chief Justice John Marshall
"It is not necessary that a man should be born in this country, to be 'a natural born citizen.' It is only requisite that he should be a citizen by birth, and that is the case with all the children of citizens who have ever resided in this country, though born in a foreign country."
This was in Bayard's section on Presidential eligibility.
Chief Justice John Marshall, who was Chief Justice of the US Supreme Court for 35 years, starting just 13 years after the Constitution was ratified, read Bayard's exposition of the Constitution and sent him a letter correcting him that Congress probably didn't need to ask the States for permission to build post and military roads - they had already been authorized to make such improvements.
It was a fairly subtle error. Bayard had written "that the power of Congress extends to lay out military and post-roads, through the several States, 'with their assent.'"
Chief Justice Marshall then wrote:
"With this exception, I do not recollect a single statement in your book which is not, in my judgment, entirely just."
Now that's not 100%, but I think it's close. It's clear that Marshall read the book. And the tone of Marshall's note indicates that he read the entire book. If he had not, he could not have made such a blanket statement.
Presidential eligibility is a pretty important topic, and Marshall would not have missed any significant error in that section.
So we have pretty clear word from one of the best authorities in early America as to what "natural born citizen" meant: It means someone who is a citizen by birth. That includes those born citizens in the United States, and it includes those born US citizens because they were born to American parents abroad.
FACT: Ted Cruz was born in Calgary, Alberta, Canada. His US citizenship is derivative from his US citizen mother by naturalization under 8 U.S.C. § 1401. That Act declares him a citizen.
John Adams, letter to Thomas Jefferson (1785)
In a letter about a treaty with the English, two years before the writing of the Constitution, John Adams wrote:
"...I think about substituting the words 'natural born citizens of the United States,' and 'natural born subjects of Great Britain,' instead of 'the most favored nation.'"
Adams therefore used "natural born citizens of the United States" and "natural born subjects of Great Britain" together and as if the two terms were parallel terms, exactly the same except for the difference between "subject" and "citizen." And Thomas Jefferson was the other person in the dialogue.
"Natural born subject" and "natural born citizen" were used interchangeably by State of Massachusetts (1785-1790).
This is important because it again shows that "natural born citizen" and "natural born subject," except for the difference of subservience to a king, were understood to mean exactly the same thing in the early United States. And "natural born subject" had a long legal history. All persons born in the country, even of alien parents, were "natural born subjects," except for the children of representatives of foreign governments, and of invading armies. Here are some examples:
February, 1785, “AN ACT FOR NATURALIZING NICHOLAS ROUSSELET AND GEORGE SMITH.”in which it was declared that Nicholas Rousselet and George Smith “shall be deemed, adjudged, and taken to be citizens of this Commonwealth, and entitled to all the liberties, rights and privileges of natural born citizens.”
March, 1787, “AN ACT FOR NATURALIZING WILLIAM MARTIN AND OTHERS.” in which it was declared that William Martin and Others, ”shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”
October, 1787, “AN ACT FOR NATURALIZING BARTHOLOMY DE GREGOIRE, AND MARIA THERESA, HIS WIFE, AND THEIR CHILDREN.” in which it was declared that Bartholomy de Gregoire, and Maria Theresa, his wife, their children, ”shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the liberties, rights and privileges of natural born citizens.”
November, 1788, “AN ACT FOR NATURALIZING ELISHA BOURN, AND OTHERS, THEREIN NAMED.” in which it was declared that Elisha Bourn and others “shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, & entitled to all the liberties, privileges & immunities of natural born Citizens.”
In March, 1790, “AN ACT FOR NATURALIZING JOHN JARVIS, AND OTHERS, THEREIN NAMED” in which it was declared that John Jarvis and others, “shall be deemed adjudged and taken to be free citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”
In many or most of the States, in fact, the use of "natural born subject" in law gradually gave way to use of "natural born citizen" in the same circumstances.
FACT: In the statutes of former colonies "citizen" and "subject" were interchangeable. States have reception statues. The United States never was a colony. The federal government of the United States has not incorporated English common law via reception statute or constitution, nor are the laws or constitution of any state incorporated. Prior to the Constitution states naturalized according to their own law. The United States established a uniform rule of naturalization. Naturalization by the states is not relevant
French translation of the Constitution by Phillip Mazzei, Thomas Jefferson's VERY close friend and next-door neighbor (translated, 1788):
“Nobody, without being a born citizen, or having been a citizen of the United States at the time…”
This is from Mazzei's sweeping 4-volume work in French, The History and Politics of the United States of America ("Recherches Historiques et Politiques sur les Etats-Unis de l'Amérique Septentrional").
One of the very earliest published statements of what the natural born citizen requirement meant, it equates natural born citizen with born citizen. Given the extremely close lifelong relationship of Jefferson and Mazzei, this can almost certainly be considered authoritative as to what Thomas Jefferson himself understood "natural born citizen" to mean.
French translation by Louis-Alexandre, Duc de la Rochefoucauld, friend of Benjamin Franklin (translated, 1792):
“No one except a ‘natural,’ born a citizen…” (or possibly, “No one except a ‘natural-born citizen’)
By the French Duc de la Rochefoucauld, who knew Benjamin Franklin personally. He and Franklin had previously co-published The Constitutions of the Thirteen United States of America ("Constitutions des Treize Etats-Unis de l'Amérique") in Paris, while Franklin was the American ambassador to France. No mention whatsoever of parentage.
FACT: Ted Cruz was born in Calgary, Alberta, Canada. Do you wish to mention his mother, a US citizen?
Virginia citizenship law written by Thomas Jefferson (1779):
"Be it enacted by the General Assembly, That all white persons born within the territory of this commonwealth... shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed... "
Like so many other passages from history, birthers have tried to twist the wording and make this law say something other than it says. But the fact is, the citizenship law that Thomas Jefferson wrote in 1779 for the Commonwealth of Virginia was straight "jus soli," or "law of the soil." It provided that every white person born in Virginia, regardless of the citizenship of his parents, was a citizen of the Commonwealth of Virginia.
FACT: Article II requires natural born citizen
Zephaniah Swift, A System of the Laws of the State of Connecticut: In Six Books (1795):
"The children of aliens, born in this state, are considered as natural born subjects, and have the same rights with the rest of the citizens.”
Speaks for the State of Connecticut. Remember, there is no documentation ANYWHERE that says "natural born citizen" ever meant anything different from "natural born subject," except for the difference between "citizen" and "subject." Swift's legal treatise was read all over the United States, including by several Presidents and several US Supreme Court Justices.
Alexander Hamilton on how to understand the meaning of the terms used in the Constitution (1795):
"What is the distinction between direct and indirect taxes? It is a matter of regret that terms so uncertain and vague in so important a point are to be found in the Constitution... unfortunately, there is equally here a want of criterion to distinguish duties, imposts, and excises from taxes... where so important a distinction in the Constitution is to be realized, it is fair to seek the meaning of terms in the statutory language of that country from which our jurisprudence is derived."
Hamilton tells us that our jurisprudence has been derived from that of England, and that if we want to understand the meaning of terms used in the Constitution, the place to look is to the laws of England that came before. This is important because the English common law was the fundamental legal training for every lawyer in America. The Constitution contains a variety of legal terms which appear no place other than in the common law. Those who claim we got the definition from Swiss philosopher Vattel are simply not telling the truth. Vattel never even spoke of "natural born citizens." He spoke of "natives, or indigenes." The latter was mistranslated to "natural born citizens" by a translator in London, England, 10 years after our Constitution was written.
Hamilton said we got the terms in the Constitution from the English common law. It is clear that "natural born citizen" came directly from "natural born subject," which never required citizen or subject parents.
French translation, (translated, 1799):
“No one shall be eligible to the office of President, if he is not born a citizen of the United States…”
Born a citizen. Once again, it appears the correct definition of "natural born citizen" is simply: born a citizen.
St. George Tucker, Blackstone's Commentaries on the Laws of England (1803):
“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence… A very respectable political writer makes the following pertinent remarks upon this subject. “Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it.”
Tucker was one of the most important early legal experts. His book became "the most popular reference work for students and practitioners of United States law until the mid-19th century." He totally equates "native-born" (which always simply meant born in America) with "natural born," and approvingly quotes another writer who said natural born citizens are "those born within the state."
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
Garder v. Ward, 2 Mass. 244 (1805):
“...a man born within the jurisdiction of the common law is a citizen of the country wherein he is born. By this circumstance of his birth, he is subjected to the duty of allegiance which is claimed and enforced by the sovereign of his native land, and becomes reciprocally entitled to the protection of that sovereign, and to the other rights and advantages which are included in the term “citizenship.”
In Massachusetts, they followed the common law. This is consistent with Wong Kim Ark and everything else. (Except, of course, the claims of birthers.)
FACT: State cases do not determine US citizenship. States incorporate English common law via reception statute or constitution. The federal government of the United States has not incorporated English common law via reception statute, constitution, or law or constitution of any state.
Kilham v. Ward 2 Mass. 236, 26 (1806):
“The doctrine of the common law is that every man born within its jurisdiction is a subject of the sovereign of the country where he is born, and allegiance is not personal to the sovereign in the extent that has been contended for; it is due to him in his political capacity of sovereign of the territory where the person owing the allegiance as born.”
Once again, Massachusetts uses the common law as the precedent for citizenship.
FACT: State cases do not determine US citizenship. States incorporate English common law via reception statute or constitution. The federal government of the United States has not incorporated English common law via reception statute, constitution, or law or constitution of any state.
James Monroe Administration (1812):
In 1811, a James McClure was arrested and held by the French, who were at war with England. He claimed American citizenship but was initially denied help from the United States. Birthers have claimed that a newspaper letter regarding the incident, from a writer using the pseudonym of "Publius," reflected the position of the James Monroe Administration. But once the matter began to be talked about publicly, the Monroe Administration came to McClure's aid. They sent a letter to the French:
"I have the honor to enclose several affidavits and certificates... from the City of Charleston proving that James McClure now detained in France as a British Prisoner of War was born in Charleston since the Revolution. To these Papers is annexed a Certificate of W. Johnson Esq. one of the Justices of the Supreme Court of the United States before whom the affidavits were taken stating 'that agreeable to the laws and usage of the United States, the said affidavits and Certificates are sufficient to establish the fact that James M McClure above named is a Citizen of the United States.'"
So Supreme Court Justice Johnson and the Monroe Administration said that McClure was a US citizen solely on the basis of where he was born. No mention seems to have been made at all of his parentage.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
Ainslie v. Martin, 9 Mass. 454, 456, 457 (1813):
“Our statutes recognize alienage and its effects, but have not defined it. We must therefore look to the common law for its definition. By this law, to make a man an alien, he must be born without the allegiance of the commonwealth; although persons may be naturalized or expatriated by statute, or have the privileges of subjects conferred or secured by a national compact.”
And once again for Massachusetts. In defining who an alien is, they also define citizenship, because everyone who isn't an alien is a citizen.
FACT: Article II requires natural born citizen, not citizen. State cases do not determine US citizenship. States incorporate English common law via reception statute or constitution. The federal government of the United States has not incorporated English common law via reception statute, constitution, or law or constitution of any state.
Amy v. Smith, 11 Ky. 326, 340 (Ky. 1822)
“The 5th section of the 2d article provides, “that no person except a natural born citizen,” shall become president. A plain acknowledgment, that a man may become a citizen by birth, and that he may be born such.”
Like Chief Justice John Marshall, the State of Kentucky equated "natural born citizen" with "CITIZEN BY BIRTH."
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
From a Spanish language book on the Constitution (translated, 1825):
“The President is elected from among all citizens born in the United States, of the age of thirty-five years…”
From among ALL CITIZENS BORN IN THE UNITED STATES. No mention of parentage.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
French translation by the private secretary of the Marquis de Lafayette, who was a personal friend of our first six Presidents (1826):
“No individual, other than a citizen born in the United States…”
This translation is important for a number of reasons. First, the Marquis had himself been declared a "natural born citizen forever" of Maryland, by the State's legislature. So he had darn good reason to know what the phrase meant. Secondly, he was a good friend of every single one of our first six Presidents. This included George Washington, James Madison, John Adams, Thomas Jefferson, and James Monroe. (And John Quincy Adams, too.) He had served as a General in the Revolutionary War under Washington, was instrumental in our gaining France's support, and was such a hero in America and France that he was known as "The Hero of the Two Worlds."
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
James Kent, COMMENTARIES ON AMERICAN LAW (1826):
“And if, at common law, all human beings born within the ligeance of the King, and under the King’s obedience, were natural-born subjects, and not aliens, I do not perceive why this doctrine does not apply to these United States, in all cases in which there is no express constitutional or statute declaration to the contrary. . . . Subject and citizen are, in a degree, convertible terms as applied to natives, and though the term citizen seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, subjects, for we are equally bound by allegiance and subjection to the government and law of the land.”
Common law, natural born subjects, SAME THING APPLIES HERE. Also, subject and citizen can be used interchangeably. Kent was another of our top early legal experts, which we are rapidly running out of. More from Kent:
“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction and allegiance of the United States.”
Once again, NATIVE. Allegiance simply refers to the same historical precedent. Any person born within the country was born within the allegiance of the country, unless his parents were foreign ambassadors or royalty, or members of an occupying army. We also added two more exceptions: Indians in tribes, because Indian tribes were considered to be just like foreign nations that we did not control and made treaties with, and slaves, because they were legally considered to be property, not people.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
French books on the Constitution:
“The President must be a born citizen [or born a citizen] of the United States…" (1826)
Born citizen, born a citizen.
“No one, unless he is a native citizen…” (1829)
Native citizen. No mention of parentage whatsoever.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
By the way, the list of quotes from this time period saying the President had to be a "native" is not exhaustive. I have only included those from the most authoritative sources.
Leake v. Gilchrist, 13 N.C. 73 (N.C. 1829)
“The country where one is born, how accidental soever his birth in that place may have been, and although his parents belong to another country, is that to which he owes allegiance. Hence the expression natural born subject or citizen, & all the relations thereout growing. To this there are but few exceptions, and they are mostly introduced by statutes and treaty regulations, such as the children of seamen and ambassadors born abroad, and the like.”
Again explicitly states that birth in the country makes on a NATURAL BORN CITIZEN, even if one's parents are ALIENS.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
William Rawle, A View of the Constitution of the United States, pg. 86 (1829)
“Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”
You really can't get any clearer, well-stated, and absolute. Again, Rawle was a legal expert. He was VERY close to both Franklin AND Washington, held meetings with them in the months leading up to the Constitutional Convention, and was in Philadelphia WHILE THE CONSTITUTIONAL CONVENTION WAS TAKING PLACE.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
Justice Joseph Story, concurring opinion, Inglis v. Sailors’ Snug Harbor, 3 Pet. 99, 155,164. (1830):
“Nothing is better settled at the common law than the doctrine that the children even of aliens born in a country while the parents are resident there under the protection of the government and owing a temporary allegiance thereto are subjects by birth.”
Story was a LEGENDARY Justice on the Supreme Court. He would soon write the first comprehensive treatise on the provisions of the U.S. Constitution (see below, in 1840). And he tells us, quite clearly, that NOTHING is BETTER SETTLED.
FACT: Ted Cruz was born in Calgary, Alberta, Canada to aliens in that country.
American Jurist and Law Magazine, January, 1834:
“From the close of the revolutionary war to the time of the adoption of the constitution of the United States, all persons born in this country became citizens of the respective States within whose jurisdiction they were born, by the rule of the common law, unless where they were prevented from becoming citizens by the constitution or statutes of the place of their birth.”
Again: The rule was by the common law.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
Another French translation, 1837 (translated back):
“No one can be President, unless he is born in the United States…”
Once again, born in the US. No mention at all of parentage. As is ALWAYS the case.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
State v. Manuel, 4 Dev. & Bat. 20, 24-26 (1838):
“Before our Revolution, all free persons born within the dominions of the King of Great Britain, whatever their color or complexion, were native-born British subjects; those born out of his allegiance were aliens... Upon the Revolution, no other change took place in the law of North Carolina than was consequent upon the transition from a colony dependent on an European King to a free and sovereign State. The term ‘citizen,’ as understood in our law, is precisely analogous to the term ’subject’ in the common law, and the change of phrase has entirely resulted from the change of government. The sovereignty has been transferred from one man to the collective body of the people, and he who before as a ’subject of the king’ is now ‘a citizen of the State.”
Straight-out tells us: natural born subjects became natural born citizens, and NO OTHER CHANGE in the citizenship rules took place. In other words, children of aliens born in the US were natural born citizens, because they were always natural born subjects before.
FACT: State v. Manuel is a North Carolina case. The statement "The term ‘citizen,’ as understood in our law, is precisely analogous to the term ’subject’ in the common law, and the change of phrase has entirely resulted from the change of government." is true in North Carolina. North Carolina was a Colony and has reception statue. The United States never was a colony. The federal government of the United States has not incorporated English common law via reception statute, constitution, or any other method.
Tennessee State Legislature, An Act to Regulate and Declare the Rights of Foreigners (1838)
"Be it enacted by the General Assembly of the State of Tennessee, That all natural born citizens, or persons born within the limits of the United States, and all aliens subject to the restrictions hereinafter mentioned, may inherit real estate and make their pedigree by descent from any ancestor lineal or collateral…”
Clearly defines what "natural born citizen" meant to the Tennessee State Legislature in 1838. Anyone born within the limits of the United States was a natural born citizen without any regard to parentage.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
From Spanish-language books on the Constitution (translated):
“No one can be President who has not been born a citizen of the United States, or who is one at the time of the adoption of this Constitution…” (1837)
Born a citizen.
“The President must be a citizen born in the United States…" (1848)
Born in the United States. No mention of parents.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
Acts of the State of Tennessee passed at the General Assembly, pg. 266 (1838):
“That all natural born citizens, or persons born within the limits of the United States, and all aliens subject to the restrictions hereinafter mentioned, may inherit real estate and make their pedigree by descent from any ancestor lineal or collateral…”
The State of Tennessee defined natural born citizens are those born in the United States. No mention at all of parents.
FACT: Ted Cruz was born in Calgary, Alberta, Canada.
Supreme Court Justice Joseph Story, in his Constitutional handbook, A Familiar Exposition of the Constitution of the United States. (1840)
"It is not too much to say, that no one, but a native citizen, ought ordinarily to be intrusted with an office so vital to the safety and liberties of the people."
FACT: Ted Cruz was born in Calgary, Alberta, Canada. His is a native of Canada and by the law of his native country is a natural born citizen of Canada
Native citizen.
Bouvier Law Dictionary (1843):
“...no person except a natural born subject can be a governor of a State, or President of the United States.”
America's first prominent law dictionary. Uses NATURAL BORN SUBJECT as an exact equivalent for natural born citizen! Thus showing again, there was no practical difference between the two.
Lynch vs. Clarke (NY 1844):
“The term citizen, was used in the constitution as a word, the meaning of which was already established and well understood. And the constitution itself contains a direct recognition of the subsisting common law principle, in the section which defines the qualification of the President… The only standard which then existed, of a natural born citizen, was the rule of the common law, and no different standard has been adopted since. Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution? I think not. ”
Flat-out ruled that the US born child of alien parents was eligible to the Presidency.
Mr. Clarke's attorneys actually attempted to invoke Vattel. Vice Chancellor Sandford rejected their arguments, noting:
"[Vattel says] in reference to the inquiry whether children born of citizens in a foreign country, are citizens, that the laws have decided the question in several countries, and it is necessary to follow their regulations."
In other words, even according to Vattel, the citizenship laws of England and America were different from his Swiss ideas.
FACT: State cases do not determine US citizenship
Lysander Spooner, The Unconstitutionality of Slavery, pg. 119 (1845)
“Every person, then, born in the country, and that shall have attained the age of thirty-five years, and been fourteen years a resident within the United States, is eligible to the office of president.”
Once again, every person born in the country. No mention of parents.
FACT: Ted Cruz was born in the country of Canada.
The New Englander, Vol. III, pg. 434 (1845)
“It is the very essence of the condition of a natural born citizen, of one who is a member of the state by birth within and under it, that his rights are not derived from the mere will of the state.”
FACT: Ted Cruz was born in Calgary, Alberta, Canada. His US citizenship is by "the mere will of the state" by naturalization under 8 U.S.C. § 1401
No, what I'm saying is: If you're born a United States citizen, then you're a "natural born citizen" as far as the Constitution is concerned.
It's a pretty simple idea, and it's in harmony with literally every credible voice in history that wasn't contradicted by someone of equal of (usually, greater) authority. This includes DOZENS of authorities. Including, well, dozens from the Founding Generation.
On the other hand, there is not one single voice of any real authority, in all of United States history, who has ever claimed that it took both birth on US soil plus two citizen parents, in order for a person to be a natural born citizen and eligible to be President.
This is why that claim is best described as "bulls**t."
You mean the willfully ignorant come out and proclaim him to be "eligible." He's not. He is only a citizen because of an act of Congress. Had congress not acted, he would not be a citizen of the US at all, he would be a "natural born subject" of Canada. (or would have before Canada separated from England.)
And this is something that you simply cannot understand. It is NOT POSSIBLE to be a "natural citizen" of two different countries. It is the very definition of an "unnatural" citizen.
A "natural" citizen owes allegiance to no other nation. Ted Cruz could have chosen to be Canadian. Again, what was the intent of Article II?
“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen.”
How again is admitting people with foreign citizenship a "Strong Check to the admission of Foreigners into the Administration of our national government" ?
Once more, you advocate a policy and interpretation that RUNS COUNTER TO THE FOUNDER'S INTENT, and one which is also counter to the best interests of the nation.
We don't care about your English lawyers and your foreign cooks and scullery maids. We don't care about your conflating "subject" and "citizen" and thinking that is evidence in your favor. It's just evidence that you have a comprehension problem regarding what is evidence.
Excluding those naturalized.
No, they are on the side of truth and accuracy.
I say that because such people make all sorts of transparently false arguments in their attempts to shoot Cruz down before he can even get out of the starting gate.
Says the King of "False arguments."
I’m not sure what the difference is between people who call themselves liberals spewing false propaganda to shoot Cruz down, and people who call themselves conservatives spewing false propaganda to shoot Cruz down. Either way seems bad for conservatives.
This is why so many people think you are a troll. You are constantly spewing false propaganda in efforts to legitimize Barack Obama.
And yes, it's bad for conservatives and you need to stop doing it.
The quotes illustrate the fact that it never required both birth on US soil, plus two citizen parents, for a person to be a natural born citizen or eligible to be President.
And they further illustrate what I stated above, that the term never came from Vattel. It had nothing to do with Vattel. It clearly came from the common law.
And by the principles of the common law, virtually every person born in the country was a “natural born” citizen or subject. And the national legislature also had the ability to specify, through legislation, which other persons, born abroad to citizens, were to be considered natural born citizens as well.
This understanding is in harmony with virtually everything that has ever been said about Presidential eligibility throughout our entire history.
The claim that it takes both birth on US soil, plus two citizen parents, for a person to be a natural born citizen or eligible to be President, is nothing more than bullcrap, backed up by literally dozens of bullcrap arguments.
Conservatives and the GOP don’t need media help destroying our prospects; we do that ourselves.
And the relevance to Ted Cruz is?????
He is doing exactly what we hoped he would do...voted for him to do.
BTW, he is brilliant.
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